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Gannon Dunkerley And Company Limited vs Union Of India Ministry Of Road ... on 19 January, 2023

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~3 & 17
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     ARB.P. 1073/2022
                          GANNON DUNKERLEY AND COMPANY LIMITED
                                                               ..... Petitioner
                                     Through: Mr. Abhimanyu Bhandari, Mr.
                                              Manjira Dasgupta, Mr. Arjun
                                              Syal, Mr. Bhargav Thali & Mr.
                                              Shreyan Das, Advs.
                                     versus

                          UNION OF INDIA MINISTRY OF ROAD TRANSPORT
                          AND HIGHWAYS                      ..... Respondent
                                        Through: Mr. Bhagvan Swarup Shukla,
                                                 CGSC with Mr. Vikrant, Adv.
                                                 for UOI.
                    17
                    +     O.M.P.(I) (COMM.) 384/2022
                          GANNON DUNKERLEY AND COMPANY LTD
                                                             ..... Petitioner
                                     Through: Mr. Abhimanyu Bhandari, Adv.

                                             versus

                          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
                                                                 ..... Respondent
                                        Through: Ms. Reema Khorana, Panel
                                                 counsel and Mr. Vikash Kumar,
                                                 Adv. with GM (Legal).

                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                             ORDER

% 19.01.2023

1. One of the issues which arises for consideration of the Court on the present petition preferred under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"] is with respect to a writ petition filed before the Gauhati High Court questioning the validity of the termination action taken by the respondent.

2. Learned counsel for the respondent, in that light, submits that Digitally Signed By:NEHA Signing Date:20.01.2023 16:39:44 there cannot be a bifurcation of the causes which arise from and out of the order of termination. It was further submitted that both parties had acceded to the jurisdiction of the Gauhati High Court and in view of the aforesaid and since no objection was taken to the maintainability of writ petition in light of the arbitration agreement, this Court should desist from exercising its powers conferred by Section 11 of the Act.

3. Mr. Bhandari, learned counsel appearing for the petitioner, prays for time to obtain instructions in light of the above.

4. Acceding to the same, let the matter be called again on 09.02.2023.

YASHWANT VARMA, J.

JANUARY 19, 2023 bh Signature Not Verified Digitally Signed By:NEHA Signing Date:20.01.2023 16:39:44